Davenport

Defendant Gene Gordon Davenport appeals in propria persona from a judgment of conviction in a jury trial under section 12021 of the Penal Code (Deadly Weapons Control Law). and from an order denying his motion for a new trial.1

An information was filed on January 17, 1961, by the District Attorney' of Los Angeles County which stated that defendant did have in his possession and under his custody and control a .38 caliber revolver, capable of being concealed upon the person and having a barrel less than twelve inches in length, the said Davenport having theretofore been con7 vieted of the felony of forgery on March 25, 1953, in the Superior Court of the County of Los Angeles.

The trial disclosed the following facts: on July 23, 1960, Davenport" and three men named Stabler, Luna and Lopez, after dining at a restaurant, left together and drove back toward their apartment, when Stabler discovered he had left a satchel in the restaurant. During this time the restaurant owner discovered what was in the satchel and notified the police. Defendant and his companions returned to the restaurant to pick up the satchel, which contained a thousand dollars, the wooden stock of a'Browning…